The Sunday morning news. [volume] (Jersey City [N.J.]) 1886-1891, 1887-06-26
KILLS BRIDGE ENJOINED.
THE CH4NCELLOR And ATTORNEY
GENERAL SQUELCH The SCHEME.

OA1NA1AeAL 6XOALNA AhAS CNAAA@@AAA N
The Attorney General shows that the
Baltimore & Ohio Proposes TO Take
Jersey soil Without compensa ton, and
the Chancellor says it Shaa't be
Done.
Attorney General John P. Stockton
walked into the Chancellor's Chambers in
the First National Bank building yester-
day morning and submitted voluminous
petition to Chancellor McGill Tor inspec-
ton. When the Chancellor had read it he
wrote:
"ALrx. I. McGn1,
O."
at the foot of another piece OF paper, and
directed the Attorney General to file it
with the Clerk of the Court. The paper
to which Chancellor McGlll wrote his auto
graph was an order restraining the Baiti-
mere & New York Railroad Company
ana the Staten Island Rapid Transit Com
panv and Charles Ackerscheid, Alexander
Magaw AMI Alfred +. Bolen, their agents,
from further prosecuting on New Jersey
soil the work of constructing the projected
bridge across Arthur's Kill. 1t was not an
order to show cause with temporary in
junction, but an injunction permanent
and absolute against the proprietors of the
scheme.
The Staten Island bridge as all the
readers OF The SUNDAY MORNING NEWS
know, is designed to carry the Baltimore
IL Ohio across Staten Island Sound. Its
western approaches are to be on the New
Jersey shore. Last winter the Legislature
memorialized Congress egAinst giving Its
consent TO build the bridge until the con-
sent of the State of New Jersey to the use
of its water front had first been obtained.
Congress gave its consent, and prepare
lions for the building of the bridge have
been pushed forward. Some time ago
fisherman, supposed to have been dunn
my of the company, applied to Judge
Wallace, of the United States Court in
New York, to restrein the company from
building the bridge, because ii would be
an obstruction to navigation. Judge Wal
lace ruled, as he was obliged to, that Con-
gress could obstruct navigation II it desired,
and that its consent having been obtained,
the work could 60 on. Attorney General
Stockions information, lodged with the
Chancellor yesterday, goes on the assump-
ton that Congress had right to license
the building of the bridge, however great
an obstruction it may be; and his motion
was not therefore made in the interest
Of navigation. He takes the view, how
ever. that Congress by this act merely
gives consent TO the construction of the
bridge if all the other interests affected by
it are willing; and that New Jersey has Il
right to interfere with the progress of the
work till her consent to the use of her
riparian lands for that purpose shall have
been obtained and compensation made to
the shore owners whose lands are to be
taken. The company has made no CON
pensation, nor offered any, nor does the
act of Congress under whlchlt claims the
right to build the bridge make provision
for compensation.
The Attorney Generals information is an
deliberately prepared document. 1t sets
out that the State is the owner, in fee, of
the land under water to the middle of the
Hudson River, and of the Arthurs Kill and
of the other waters between Staten Island
and New Jersey; that this title to lands
under water was conferred on New Jersey
by a treaty with New York which was APP
proved by Congress; and that the title has
b.en adiudlcated by the courts of last re-
sort in New York and by the Federal
Courts. The bill reel es the acts appoint
ing the State Riparian Commission, and
shows that among other things 1t was en-
acted that without the ant or PERMISSION
of the Riparian Commissioners no person
or corporation should fill in, build upon or
make any erection or reclaim any land
under tide waters of state IN New York Bay,
Hudson River or Kill Kull; and tnat the
Baltimore & New York Railroad Company
took their charter subject to the provisions
of the said act: that 1t was condition OF
their corporate rights that they should not
lake any land under water belonging to the
Safe OF New Jersey without consent of
the Riparian Commissioners or of the
State; that they never have applied for any
such permission or consent; that IN add
ton to tuese ancient statutes other acts
have been passed forbidding the erection
OF any bridge, viaduct or structure over
any part of the navigable waters separating
this state from other States where the tide
GIBBS and flows without tie express permis
sion of the legislature of the State. Inc
bill charges that the defendants claim that
they are empowered Notwithstanding afore-
sad conditions and provisions to enter
upon and to have exclusive and permanent
possession of parts of the land under the
waters of the Arthur Kill, of and in
which the State of New Jersey is sel1sd
and possessed in fee simple absolute;
and which lie beyond the line of solid
filing fixed by the Riparian Commission
els. The bill then describes the tracts of
land proposed to be permanently occupi-
ed by the contemplated structure; and
charges that the defendants have entered
upon and taken exclusive and permanent
possession of said lands and propose to
erect structures and maintain them per-
manently, and to make a bridge or via